National Republican., 1887-09-02
CLAIM AGENTS DISAGREE.
One Partner Tries to secure the BusI-
ness and Mail

One Partner Tries To secure the busi-
ness and Mail
The recent arrest OF Mr.. Allan Ruther-
ford on the charge Of having certain Official
tension papers In his possession has
brought his business into court in another
shape BY his solicitors, Mussrs. j. j.
johnson and Geo A. King, he has fled
hil in equity against OttoJ j Stein. his for
mer clerk Snd special partner, which, TO
some extent, disclUses the business trans Ic-
tons Of The firm.
The bill rtcites that Mr. Rutherford Ia
October. 1856, was IN business In this city
as attorney, &c., largely engaged Ia tue
prosecution Of claims against the United
States, aud that Mr. stein was and had
heen fUi several years employed by him as
clerk. By eUmr means, uuknOwn to the
complainant, he SAYS that Mr. Stein prior
to Oct 90, 1856 succeeded in getting in
his hands for prosecution a large number of
claims, and on the date ab we given tn0y
entered into an agreement " prosecute
them Jointly aud AN, other business against
the United States, Mr. Stein being recog-
niztd as an attorney, and the receipts ami
tXptusCs were to he divided evenly be-
tween them. BY supplemental agreement
Of May 10, 1887 the previous agreement was
not to constitute partnership, but merely
an agreement to prosecute such claims
ss were IN the hands OF Mr. Stein on Nov.
], 1876, and such claims rs had heeu filed In
the name of Rutherford & Stein. The
latter was to have no share In the separate
business Of MIR. Rutherford, and neither
was to sign any bond, note, or other evi.
denCe Of Indebtedness IN the name OF
Rutherford ~ Stein, or do anything that
would render them Jointly liabe for any
d, 1T or money. The prosecution OF the Gus
iutss was continued under this agreement,
MIR. Rutherford bearing all the expenses
until July 10, 1887, OF which time the two
being desirOus Of disseminating their blsl.
ucss relations, Mcssrs f w. Wheat aud
Charles King were selected rs arhltrators
| to agree upon the valuation OF tue partner.
| ship business, and whose report both par
ties bad promised to accept. The arDitra-
| tors made their report and II was agreed
10. Mr.. Stein, iaiing to tender Mr..
| Rutherford il,lS4 60 IN fifteen days,
| the latter then offered him the SUI N
| liked by the arbitrators for his interest,
| which he refused to accept He then no.
| titled the pOstoilce not to deliver the IN iil
| Of Rutherford 81 Stein to the former, and
| the postmp ster retains the same until the
| court shall decide the dispute Mr.. Ruth
| ,rioTd charges that Mr. Stein failed 10 turn
| over to the arbitrutOrs u large number of
| cases and prosecuted the same In his indi
| vidual capacity as attorney. so that all cor
resp rdeice Of the departments is with
him individually. He prsys the court tn
restrain MIR. Stein, during The pendrncy OF
| the suit, from interfering with him iu pos
| session of the joint business or with the de-
livery OF the mail matter Of Rutherford &
stein, and that the latter he made tn give
| the postmaster AN order directing him "a
| detiIe er to the complainant all mail matter
| addressed to Otto j. II Stein. The court II
alto asked to make a perpetual injunction
! against Mr.. Stein and compel him to exc.
cute the agreement, or in case OF his refusal
TO appoint trustee to execute such assign
| ment